[Code of Federal Regulations] [Title 42, Volume 3] [Revised as of October 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR442.105] [Page 290] TITLE 42--PUBLIC HEALTH CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) PART 442_STANDARDS FOR PAYMENT TO NURSING FACILITIES AND INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED--Table of Contents Subpart C_Certification of ICFs/MR Sec. 442.105 Certification of ICFs/MR with deficiencies: General provisions. If a survey agency finds a facility deficient in meeting the standards for ICFs/MR, as specified under subpart I of part 483 of this chapter, the agency may certify the facility for Medicaid purposes under the following conditions: (a) The agency finds that the facility's deficiencies, individually or in combination, do not jeopardize the patient's health and safety, nor seriously limit the facility's capacity to give adequate care. (b) The agency finds acceptable the facility's written plan for correcting the deficiencies. (c) If a facility was previously certified with a deficiency and has a different deficiency at the time of the next survey, the agency documents that the facility-- (1) Was unable to stay in compliance with the standard for ICFs/MR for reasons beyond its control, or despite intensive efforts to comply; and (2) Is making the best use of its resources to furnish adequate care. (d) If a facility has the same deficiency it had under the prior certification, the agency documents that the facility-- (1) Did achieve compliance with the standard for ICFs/MR at some time during the prior certification period; (2) Made a good faith effort, as judged by the survey agency, to stay in compliance; and (3) Again became out of compliance for reasons beyond its control. [56 FR 48866, Sept. 26, 1991, as amended at 57 FR 43924, Sept. 23, 1992; 57 FR 54712, Nov. 20, 1992; 59 FR 56236, Nov. 10, 1994]